Tomlin

This case is an appeal by the California Unemployment Insurance Appeals Board from a judgment of the Superior Court of Los Angeles County, granting a petition for writ of mandate requiring appellant to set aside its decision denying unemployment benefits to respondent Addie Tomlin and requiring appellant to grant respondent benefits.

The facts are as follows: Until December 2, 1974, respondent was employed on a full-time basis by Lockheed Aircraft Corporation (Lockheed) as an electrical bench assembler, earning $5.81 per hour. On December 2, 1974, she was laid off from Lockheed because of company cutbacks due to lack of work. While working at Lockheed, respondent held a part-time job with J. C. Penney Company (Penney’s) working I2'A hours per week as a saleswoman, earning $2.81 per hour. She continued working part-time at Penney’s until January 18, 1975, at which time she quit that job for a variety of reasons. She had worked at Penney’s a total of 14 months.

On January 6, 1975, before quitting her job at Penney’s, respondent filed for unemployment insurance benefits based on her employment with Lockheed. She was told to return to the Employment Development Department…

I agree with the majority opinion wherein it states: “We conclude that the phrase ‘most recent work’ should not be construed to mean merely the last employment of any kind prior to filing for benefits. It must refer to significant or regular employment in order to effectuate the purposes of the act. The most reasonable meaning for the term ‘most recent work,’ taken in the context of the entire Unemployment Insurance Code and the purposes and policies behind it, is the most recent primary or principal or full-time employment of the individual. The major factor in determining whether a particular job is the principal employment of the individual is the time spent in the employment vis-á-vis with the time spent in his other employments.” It is the leap to the conclusion which follows to which I cannot subscribe. The correct conclusion is that if an individual had a full-time job, on the basis of which he is now eligible for unemployment insurance benefits, his qualification for such benefits is not dependent on or affected by whether he holds a part-time job or the manner in which he may have terminated such a part-time job. The amount of the actual benefits received by the claimant…

This case is an appeal by the California Unemployment Insurance Appeals Board from a judgment of the Superior Court of Los Angeles County, granting a petition for writ of mandate requiring appellant to set aside its decision denying unemployment benefits to respondent Addie Tomlin and requiring appellant to grant respondent benefits.

The facts are as follows: Until December 2, 1974, respondent was employed on a full-time basis by Lockheed Aircraft Corporation (Lockheed) as an electrical bench assembler, earning $5.81 per hour. On December 2, 1974, she was laid off from Lockheed because of company cutbacks due to lack of work. While working at Lockheed, respondent held a part-time job with J.C. Penney Company (Penney's) working 12 1/2 hours per week as a saleswoman, earning $2.81 per hour. She continued working part-time at Penney's until January 18, 1975, at which time she quit that job for a variety of reasons. She had worked at Penney's a total of 14 months.

On January 6, 1975, before quitting her job at Penney's, respondent filed for unemployment insurance benefits based on her employment with Lockheed. She was told to return to the Employment…